This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

54917 

Vol. 79, No. 178 

Monday, September 15, 2014 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0626; Directorate 

Identifier 2014–NM–017–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Dassault Aviation Model FAN JET 

FALCON and FAN JET FALCON 

SERIES C, D, E, F, and G airplanes. This 

proposed AD was prompted by our 

determination of the need for a revision 

to the airplane airworthiness limitations 

to introduce changes to the maintenance 

requirements and airworthiness 

limitations. This proposed AD would 

require revising the maintenance or 

inspection program, as applicable, to 

incorporate a new airworthiness 

limitations section. We are proposing 

this AD to prevent reduced structural 

integrity of the airplane. 

DATES: We must receive comments on 

this proposed AD by October 30, 2014. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Dassault 

Falcon Jet, P.O. Box 2000, South 

Hackensack, NJ 07606; telephone 201– 

440–6700; Internet http://

www.dassaultfalcon.com. You may 

view this referenced service information 

at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://www.regulations.

gov by searching for and locating Docket 

No. FAA–2014–0626; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone 425–227–1137; 

fax 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2014–0626; Directorate Identifier 

2014–NM–017–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2014–0021, 

dated January 20, 2014 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

The airworthiness limitations and 

maintenance requirements for the Fan Jet 

Falcon type design are included in Dassault 

Aviation Falcon 20 (F20) Aircraft 

Maintenance Manual (AMM) chapter 5–40 

and are approved by the European Aviation 

Safety Agency (EASA). EASA issued AD 

2008–0221 to require accomplishment of the 

maintenance tasks, and implementation of 

the airworthiness limitations, as specified in 

Dassault Aviation F20 AMM chapter 5–40 at 

revision 13. 

Since that AD was issued, Dassault 

Aviation issued F20 AMM chapter 5–40 at 

revision 15, which introduces new or more 

restrictive maintenance requirements and/or 

airworthiness limitations. 

Dassault Aviation AMM chapter 5–40 

revision 15 contains among other changes the 

following requirements: 

—Specific instructions applicable to 

F20GF (serial number 397); 

—Check of overpressure tightness on 

pressurization control regulating valves; 

—Check of overpressure relief valve 

vacuum supply lines. 

A new document reference number which 

comes with DGT 131028 revision 15 is 

replacing DMD11755. 

The maintenance tasks and airworthiness 

limitations, as specified in the F20 AMM 

chapter 5–40, have been identified as 

mandatory actions for continued 

airworthiness of the Fan Jet Falcon type 

design. Failure to comply with AMM chapter 

5–40 at revision 15 might constitute an 

unsafe condition. 

For the reasons described above, this 

[EASA] AD requires implementation of the 

maintenance tasks and airworthiness 

limitations, as specified in Dassault Aviation 

F20 AMM chapter 5–40 at revision 15. 

The unsafe condition is reduced 

structural integrity of the airplane. You 

may examine the MCAI in the AD 

docket on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0626. 

Relevant Service Information 

Dassault Aviation has issued Chapter 

5–40, Airworthiness Limitations, DGT 

131028, Revision 15, dated March 2012, 


rmajette on DSK2TPTVN1PROD with PROPOSALS
54918 Federal Register / Vol. 79, No. 178 / Monday, September 15, 2014 / Proposed Rules 

of the Dassault Aviation Falcon 20 

Maintenance Manual. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

‘‘Contacting the Manufacturer’’ 

Paragraph in This Proposed AD 

Since late 2006, we have included a 

standard paragraph titled ‘‘Airworthy 

Product’’ in all MCAI ADs in which the 

FAA develops an AD based on a foreign 

authority’s AD. 

The MCAI or referenced service 

information in an FAA AD often directs 

the owner/operator to contact the 

manufacturer for corrective actions, 

such as a repair. Briefly, the Airworthy 

Product paragraph allowed owners/

operators to use corrective actions 

provided by the manufacturer if those 

actions were FAA-approved. In 

addition, the paragraph stated that any 

actions approved by the State of Design 

Authority (or its delegated agent) are 

considered to be FAA-approved. 

In an NPRM having Directorate 

Identifier 2012–NM–101–AD (78 FR 

78285, December 26, 2013), we 

proposed to prevent the use of repairs 

that were not specifically developed to 

correct the unsafe condition, by 

requiring that the repair approval 

provided by the State of Design 

Authority or its delegated agent 

specifically refer to the FAA AD. This 

change was intended to clarify the 

method of compliance and to provide 

operators with better visibility of repairs 

that are specifically developed and 

approved to correct the unsafe 

condition. In addition, we proposed to 

change the phrase ‘‘its delegated agent’’ 

to include a design approval holder 

(DAH) with State of Design Authority 

design organization approval (DOA), as 

applicable, to refer to a DAH authorized 

to approve required repairs for the 

proposed AD. 

One commenter to the NPRM having 

Directorate Identifier 2012–NM–101–AD 

(78 FR 78285, December 26, 2013) stated 

the following: ‘‘The proposed wording, 

being specific to repairs, eliminates the 

interpretation that Airbus messages are 

acceptable for approving minor 

deviations (corrective actions) needed 

during accomplishment of an AD 

mandated Airbus service bulletin.’’ 

This comment has made the FAA 

aware that some operators have 

misunderstood or misinterpreted the 

Airworthy Product paragraph to allow 

the owner/operator to use messages 

provided by the manufacturer as 

approval of deviations during the 

accomplishment of an AD-mandated 

action. The Airworthy Product 

paragraph does not approve messages or 

other information provided by the 

manufacturer for deviations to the 

requirements of the AD-mandated 

actions. The Airworthy Product 

paragraph only addresses the 

requirement to contact the manufacturer 

for corrective actions for the identified 

unsafe condition and does not cover 

deviations from other AD requirements. 

However, deviations to AD-required 

actions are addressed in 14 CFR 39.17, 

and anyone may request the approval 

for an alternative method of compliance 

to the AD-required actions using the 

procedures found in 14 CFR 39.19. 

To address this misunderstanding and 

misinterpretation of the Airworthy 

Product paragraph, we have changed the 

paragraph and retitled it ‘‘Contacting the 

Manufacturer.’’ This paragraph now 

clarifies that for any requirement in this 

proposed AD to obtain corrective 

actions from a manufacturer, the actions 

must be accomplished using a method 

approved by the FAA, the European 

Aviation Safety Agency (EASA), or 

Dassault Aviation’s EASA DOA. 

The Contacting the Manufacturer 

paragraph also clarifies that, if approved 

by the DOA, the approval must include 

the DOA-authorized signature. The DOA 

signature indicates that the data and 

information contained in the document 

are EASA-approved, which is also FAAapproved. Messages and other 

information provided by the 

manufacturer that do not contain the: 

DOA-authorized signature approval are 

not EASA-approved, unless EASA 

directly approves the manufacturer’s 

message or other information. 

This clarification does not remove 

flexibility previously afforded by the 

Airworthy Product paragraph. 

Consistent with long-standing FAA 

policy, such flexibility was never 

intended for required actions. This is 

also consistent with the 

recommendation of the Airworthiness 

Directive Implementation Aviation 

Rulemaking Committee to increase 

flexibility in complying with ADs by 

identifying those actions in 

manufacturers’ service instructions that 

are ‘‘Required for Compliance’’ with 

ADs. We continue to work with 

manufacturers to implement this 

recommendation. But once we 

determine that an action is required, any 

deviation from the requirement must be 

approved as an alternative method of 

compliance. 

We also have decided not to include 

a generic reference to either the 

‘‘delegated agent’’ or ‘‘design approval 

holder (DAH) with State of Design 

Authority design organization 

approval,’’ but instead we have 

provided the specific delegation 

approval granted by the State of Design 

Authority for the DAH throughout this 

proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

affects 168 airplanes of U.S. registry. 

We also estimate that it would take 

about 1 work-hour per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of 

this proposed AD on U.S. operators to 

be $14,280, or $85 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This proposed 

regulation is within the scope of that 

authority because it addresses an unsafe 

condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 


rmajette on DSK2TPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 178 / Monday, September 15, 2014 / Proposed Rules 54919 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Dassault Aviation: Docket No. FAA–2014– 

0626; Directorate Identifier 2014–NM– 

017–AD. 

(a) Comments Due Date 

We must receive comments by October 30, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Dassault Aviation 

Model FAN JET FALCON and FAN JET 

FALCON SERIES C, D, E, F, and G airplanes, 

certificated in any category, all serial 

numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time Limits and 

Maintenance Checks. 

(e) Reason 

This AD was prompted by our 

determination of the need for a revision to 

the airplane airworthiness limitations to 

introduce changes to the maintenance 

requirements and airworthiness limitations. 

We are issuing this AD to prevent reduced 

structural integrity of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Maintenance or Inspection Program 

Revision 

Within 30 days after the effective date of 

this AD, revise the maintenance or inspection 

program, as applicable, to incorporate the 

information specified in Chapter 5–40, 

Airworthiness Limitations, DGT 131028, 

Revision 15, dated March 2012, of the 

Dassault Aviation Falcon 20 Maintenance 

Manual. The initial compliance time for 

accomplishing the actions specified in 

Chapter 5–40, Airworthiness Limitations, 

DGT 131028, Revision 15, dated March 2012, 

of the Dassault Aviation Falcon 20 

Maintenance Manual is at the applicable time 

specified in Chapter 5–40, Airworthiness 

Limitations, DGT 131028, Revision 15, dated 

March 2012, of the Dassault Aviation Falcon 

20 Maintenance Manual, or within 60 days 

after the effective date of this AD, whichever 

occurs later. Where the threshold column in 

the table in paragraph B, Mandatory 

Maintenance Operations, of Chapter 5–40, 

Airworthiness Limitations, DGT 131028, 

Revision 15, dated March 2012, of the 

Dassault Aviation Falcon 20 Maintenance 

Manual specifies a compliance time in flight 

hours, those compliance times are total flight 

hours. Where the threshold column in the 

table in paragraph B, Mandatory 

Maintenance Operations, of Chapter 5–40, 

Airworthiness Limitations, DGT 131028, 

Revision 15, dated March 2012, of the 

Dassault Aviation Falcon 20 Maintenance 

Manual specifies a compliance time in years, 

those compliance times are since the date of 

issuance of the original French or EASA 

standard airworthiness certificate or date of 

issuance of the original French or EASA 

export certificate of airworthiness. 

(h) No Alternative Actions and Intervals 

After accomplishing the revision required 

by paragraph (g) of this AD, no alternative 

actions (e.g., inspections) or intervals may be 

used unless the actions or intervals are 

approved as an alternative method of 

compliance (AMOC) in accordance with the 

procedures specified in paragraph (i)(1) of 

this AD. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Tom Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone 425–227–1137; fax 425–227–1149. 

Information may be emailed to: 9–ANM–116– 

AMOC–REQUESTS@faa.gov. Before using 

any approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. The AMOC approval letter 

must specifically reference this AD. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

the European Aviation Safety Agency 

(EASA); or Dassault Aviation’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(j) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2014–0021, dated 

January 20, 2014, for related information. 

This MCAI may be found in the AD docket 

on the Internet at http://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2014–0626. 

(2) For service information identified in 

this AD, contact Dassault Falcon Jet, P.O. Box 

2000, South Hackensack, NJ 07606; 

telephone 201–440–6700; Internet http://

www.dassaultfalcon.com. You may view this 

service information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on 

September 9, 2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–21915 Filed 9–12–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0701; Directorate 

Identifier 2014–CE–025–AD] 

RIN 2120–AA64 

Airworthiness Directives; Various de 

Havilland Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Harry E. Williams de Havilland Model 

DH 82A airplanes, all Cliff Robertson de 

Havilland Model DH 82A airplanes, and 

all de Havilland Model DH 83 airplanes. 

This proposed AD was prompted by 

reports of structural failure of the 

attachment of the wing to the fuselage 

that resulted from failed lateral fuselage 

tie rods. This proposed AD would 

require inspecting the aircraft 

maintenance records to determine the 


rmajette on DSK2TPTVN1PROD with PROPOSALS